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To enact section 3701.048 of the Revised Code to
require the Director of Health to develop
protocols regarding the authority to administer,
deliver, distribute, or dispense drugs during
certain public health emergencies.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 3701.048 of the Revised Code be
enacted to read as follows:

Sec. 3701.048. (A) As used in this section, "drug,"
"dangerous drug," and "licensed health professional authorized to
prescribe drugs" have the same meanings as in section 4729.01 of
the Revised Code.

(B) In consultation with the appropriate professional
regulatory boards of this state, the director of health shall
develop one or more protocols that authorize the following
individuals to administer, deliver, or distribute drugs during a
period of time described in division (D) of this section,
notwithstanding any statute or rule that otherwise prohibits or
restricts the administration, delivery, or distribution of drugs
by those individuals:

(1) A physician authorized under Chapter 4731. of the Revised
Code to practice medicine and surgery, osteopathic medicine and
surgery, or podiatric medicine and surgery;

(2) A physician assistant who holds a certificate to practice
issued under Chapter 4730. of the Revised Code;

(3) A dentist or dental hygienist licensed under Chapter
4715. of the Revised Code;

(4) A registered nurse licensed under Chapter 4723. of the
Revised Code, including an advanced practice registered nurse, as
defined in section 4723.01 of the Revised Code;

(5) A licensed practical nurse licensed under Chapter 4723.
of the Revised Code;

(6) An optometrist licensed under Chapter 4725. of the
Revised Code;

(7) A pharmacist or pharmacy intern licensed under Chapter
4729. of the Revised Code;

(8) A respiratory care professional licensed under Chapter
4761. of the Revised Code;

(9) An emergency medical technician-basic, emergency medical
technician-intermediate, or emergency medical technician-paramedic
who holds a certificate to practice issued under Chapter 4765. of
the Revised Code;

(10) A veterinarian licensed under Chapter 4741. of the
Revised Code.

(C) In consultation with the state board of pharmacy, the
director of health shall develop one or more protocols that
authorize pharmacists and pharmacy interns to dispense, during a
period of time described in division (D) of this section, limited
quantities of dangerous drugs without a written, oral, or
electronic prescription from a licensed health professional
authorized to prescribe drugs or without a record of a
prescription, notwithstanding any statute or rule that otherwise
prohibits or restricts the dispensing of drugs without a
prescription or record of a prescription.

(D) On the governor's declaration of an emergency that
affects the public health, the director of health may issue an
order to implement one or more of the protocols developed pursuant
to division (B) or (C) of this section. At a minimum, the
director's order shall identify the one or more protocols to be
implemented and the period of time during which the one or more
protocols are to be effective.

(E) An individual who administers, delivers, distributes, or
dispenses a drug or dangerous drug in accordance with one or more
of the protocols implemented under division (D) of this section is
not liable for or subject to any of the following for the
individual's acts or omissions in performing those activities,
unless the acts or omissions constitute willful or wanton
misconduct: